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(영문) 대전지방법원 2018.01.25 2017노3119

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of 3 years and 6 months) is too unreasonable.

2. The so-called phishing crime, such as the instant crime, is not only the systematic and planned intelligence of the method of crime, but also the massing of victims throughout the nation. As a result, many victims and members of the society are infinite, which cause serious adverse effects on the trust relationship of the entire society, and thus, the nature of the crime is very poor, and the possibility of social criticism is very high, and the defendant has been actively involved in the crime in two and more organizations, and the damage from the instant crime is large, while the damage from the instant crime is almost not recovered.

However, the court below's punishment against the defendant is somewhat unreasonable if it comprehensively takes into account the following factors: (a) since the defendant voluntarily surrenders himself/herself, he/she recognized his/her criminal act; (b) the defendant has gained profits substantially from the defendant; and (c) the defendant has no record of criminal punishment other than once a fine for this type of crime; and (d) other various sentencing conditions specified in the records and arguments of this case, such as the sentence of co-offenders in this case; (b) the degree of the defendant's participation in the criminal act; (c) the degree, age, sex, environment, motive, means and consequence of the crime; and

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.